公司民主的实现与治理机制的完善

The Accomplishment of Democracy and Improvement of Mechanism Administration in Company

经济民主是现代市场经济的基本理念之一。其中,公司民主是构建经济民主的基础。文章通过对我国现行公司法的检讨,认为公司民主在我国并未充分实现。以此为发端,文章进一步认为,完善公司治理机制是实现公司民主的前提。具体而言,通过对股东会、监事会权力的创设和完善,然后结合我国的国情创设和完善职工参与公司治理的权利,才能达到规制董事会权力的目的,并为公司民主的实现扫清障碍。

Economic democracy is the basic theory of modern market -based economy. And company democracy is the basis of building economic democracy. By examing the present company law in our country, this article concludes that company democracy hasn't been fully accomplished recently. For this, we further get that improving company's mechanism administration is a prerequisite to achieve company democracy. Concretely, by setting up and improving the stockholder committee and supervising committee's power, then setting up and improving workers'rights that participceting in governing the company by integrating with the national conditions, we can successfully standernize and control the board of directors 'authority, thus to sweep out obstacles for the accomplishment of company democracy.